Marijuana Citation Law Catching On in Central Texas

So it's been weeks since I did the earlier post about the State law that was passed to allow cops to hand out a citation for minor pot possession cases rather than arresting everyone caught. In effect, minor pot cases and some other non-violent B-level misdemeanors (Driving with a Suspended License, Hot Checks, etc.) would get a ticket telling them when to appear at court, much like all class-C misdemeanors (offenses that result in a fine only, such as Public Intoxication, Possession of Drug Paraphernalia, and Disorderly Conduct). The purpose was to keep more officers on the street and free up space in the crowded jail for those people who really needed arresting.

So the story went that none of the police agencies were implementing the policy, and it died even right here in Austin, where it had enjoyed support. Lo and behold, the financial crisis hits, the markets tank, banks don't lend, and suddenly everyone's concerned about budgets... including municipalities and law enforcement. Suddenly Travis County (which estimated it could have saved $1.2 million on marijuana cases alone if the policy had been in place in 2006) took a longer look at the law, and not only Travis County, but Hays and (gasp!) Williamson Counties as well.

To be safe, there will be limitations on who may qualify for cite-and-release. For instance, the person must reside in the counry where the offense occurred, have proper ID, and not have any other more serious cases pending. The Austin Chronicle has a more detailed look at the turn of events here: http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A686316

What Illegal Drug Use Can Cost You!

Ok, sorry for the dramatic headline, but it's the title of an article that I thought was worth sharing. One of my pet issues/concerns is the inability of folks who have been convicted to keep others from finding out about it. Not so much other people they may know, but people like apartment managers, licensing boards, the company that has that job you want, etc.

This leads up to my larger concern- the inability of those who have only been arrested, but NOT convicted, to keep that record private. Specifically, anyone who entered into a Deferred Adjudication agreement to resolve a case, which is a probation where the offense is dismissed (without a conviction) at the end of probation. Convictions can ALL be found in background checks, but entities have become more and more able to gain access to complete records which show not only convictions but, (surprise!) arrests. And sadly, not many screeners care about the distinction between a conviction and deferred adjudication- where there's smoke there's fire... so if you took deferred adjudication to avoid having a conviction, you may still be looked upon differently simply because they know you were arrested.

In any event, the article is something good to chew on. Also, sorry for the plug, but it's a good reason to hire a lawyer. Aside from a dismissal, or maybe a not-guilty verdict, there are other ways to resolve cases that will allow for full expunction later (which is where a court orders all records of the arrest, bond, booking, etc. to be destroyed). A good lawyer can advise you of your options, and help you make decisions that may well affect your future for decades. Enough jabber, here's the article: http://articles.moneycentral.msn.com/CollegeAndFamily/Advice/WhatIllegalDrugUseCanCostYou.aspx

Federal Court in CA rules Feds May Not Interfere with State's Medical Marijuana Laws

I will admit that this is out of jurisdiction for the State of Texas, but it is on the edge of the battlefront as far as medical marijuana is concerned. For the benefit of those not versed in the hoopla, there are currently 12 states who have laws permitting medical use of marijuana (Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington). These laws are in direct conflict with federal law, which states that there is no currenly accepted medical use for pot, and that it is absolutely a prohibited substance. In states where medical marijuana is more prevalent, and perhaps, obvious, the federal government and DEA have gone to great efforts to squash the state provisions, raiding dispensaries, making federal arrests, etc. The essence, and significance of U.S. District Judge Jeremy Fogel's decision, had to do with how far the federal agencies can go in a systemic attempt to nullify the state's voter supported laws. A more local account of the story is here. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/21/BAU412FCB9.DTL

2007 Law Allows Officers to Cite Rather than Arrest (have you noticed?)

If you live in Austin, I suppose there is a chance you may have actually been cited for minor pot possession (under 4 oz.) instead of being taken to jail. Or maybe for driving with a suspended license, criminal mischief, or maybe a minor theft.

In 2007, the Texas Legislature passed a law that gives officers the discretion to cite individuals rather than arresting them and taking them to the county jail. The law was based on simple economics: give them a citation telling them when to show up at court, and get the officer back on the street to protect the community against more serious crimes. Unfortunately, the law was not embraced by law enforcement outside of Austin. In fact, the Travis County Sheriff's Department (who supported the law) was one of the only offices to implement the process to any degree.

Here's a recent article from the Daily Texan (UT Student Newspaper) regarding folks encouraging law enforcement to take advantage of the money-saving, and community-protecting law more fully in Austin.

http://media.www.dailytexanonline.com/media/storage/paper410/news/2008/07/25/TopStories/Advocates.Ask.Police.To.Give.FieldRelease.Citations-3394523.shtml

Welcome to Texas Marijuana Lawyer

First of all, welcome. This site is being launched in an attempt to distribute current, and hopefully accurate, information relevant to marijuana laws in the State of Texas, and to some extent the rest of the United States. The author is a practicing criminal attorney in Austin, Texas, member of the Texas Criminal Defense Lawyers' Association, the Austin Criminal Defense Lawyers' Association, and the NORML Legal Committee. It is hoped that this site can be used as a resource and/or discussion board to assist those interested in marijuana law and policy, perhaps those whose jobs touch those areas, or those who have been arrested for marijuana offenses. I appreciate your visit, and welcome your participation.